Applications and Petitions: None Answers and Replies: None Orders and Notices: Airport Rates and Charges - Amendment to Policy Statement Rules and Regulations: None Grant of Petitions: None

	Policy Regarding Airport Rates and Charges FAA-2008-0036 Signed July 8, 2008 | On File at Federal Register July 10, 2008 Notice of Amendment to Policy Statement - Bookmarked Notice of Amendment to Policy Statement - Public Inspection Copy (Does Not Have Attachments) This action amends the Department of Transportation "Policy Regarding the Establishment of Airport Rates and Charges" published in the Federal Register on June 21, 1996. This action adopts three amendments to the 1996 Rates and Charges Policy (two modifications and one clarification). These amendments are intended to provide greater flexibility to operators of congested airports to use landing fees to provide incentives to air carriers to use the airport at less congested times or to use alternate airports to meet regional air service needs. After review of the public comments, the Office of the Secretary of Transportation and the FAA have determined that the proposed amendments to the 1996 Rates and Charges Policy should be adopted, with revisions to address concerns and suggestions raised in the comments. The amendments do not alter one of the fundamental principles of the 1996 Rates and Charges Policy: that reasonable airfield fees must be based on the capital and operating costs of the facilities for which the fees are assessed. None of the amendments will permit an airport to generate revenues in excess of the allowable costs of providing airfield facilities and services at the congested airport and its related airport system, as defined in accordance with the 1996 Rates and Charges Policy. The effect of each of these modifications is to allow the airport operator to increase the cost of landing at a congested airport during periods of congestion, even if congestion lasts through much of the day. By raising the costs of using the congested facilities at peak times, the airport operator would provide an incentive for current or potential aircraft operators to (1) adjust schedules to operate at less congested times (if they exist); (2) use less congested secondary or reliever airports to meet regional air service needs; or (3) use the congested airport more efficiently by up-gauging aircraft. The three amendments are not intended to be mutually exclusive. In other words, if the circumstances justify doing so, an airport proprietor might use a combination of two, or even all three, charges in setting landing fees during periods of congestion. Any charges imposed on international operations, whether using this proposed flexibility or not, would also have to comply with the international obligations of the United States, including requirements that the charges be just, reasonable, and equitably apportioned among categories of users. By: Mary Peters Order 1997-3-26 - Miami International Airport Rates Proceeding Air Canada v. DOT - DC Circuit Court 1998 (Erratum to Order) Order 2007-6-8 - Alaska Airlines et al v. Los Angeles World Airports Order 1995-9-24 - Los Angeles International Airport Rates Proceeding City of Los Angeles v. DOT - DC Circuit Court 1999 Order 2005-6-11 - Brendan Airways et al v. Port Authority of NY & NJ Port Authority of NY & NJ v. DOT - DC Circuit Court 2007 Index